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SB3398 - 104th General Assembly
CIV PRO-TENANTS IN COMMON
Last Action
Statutes Amended In Order of Appearance
735 ILCS 5/13-109.2 new
Synopsis As Introduced
Amends the Code of Civil Procedure. Establishes a process for a tenant in common or tenants in common who have inherited real property under the intestate provisions of the Probate Act of 1975 to obtain legal title to that property. Provides that the petitioner or petitioners must have been in actual possession for 7 years and have paid all taxes on the property during those 7 years. Requires that the petitioner or petitioners must file a signed declaration with the recorder of deeds at least 2 years before an action under the new provisions may be commenced stating intent to acquire title using the process under the new provisions, send notice to any other person or persons with an ownership interest in the property, and publish a notice of the action in a newspaper of general circulation in the jurisdiction where the property is located. Permits persons with ownership to oppose the petition. Makes other changes.
Senate Committee Amendment No. 1
Changes formatting, structure, and wording.
Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with these changes. Requires that a person or persons seeking to commence an action under the Act each have a household income of under 80% of area median income as determined by the United States Department of Housing and Urban Development for the county where the lands or tenements are located; and that the person or persons bringing the action have conducted a search, with due diligence, for anyone who may have an ownership interest in the property.
House Floor Amendment No. 1
Deletes reference to:
735 ILCS 5/13-109.2 new
Adds reference to:
755 ILCS 40/25from Ch. 110 1/2, par. 851-25
755 ILCS 40/30from Ch. 110 1/2, par. 851-30
Replaces everything after the enacting clause. Amends the Health Care Surrogate Act. Requires a health care provider to release the medical records of the patient as a response to a written request for the release of records to an individual who was named as a surrogate or any person, entity, or organization presenting valid authorization. Provides that, upon a determination that a patient lacks decisional capacity and a health care surrogate is identified, a health care facility shall provide specified written information, which may be provided electronically, to the surrogate. Provides that a health care provider who relies on and carries out a surrogate's directions and who acts with due care and in accordance with the Act shall not be subject to any claim based on lack of patient authorization for unprofessional conduct. Effective immediately.
House Floor Amendment No. 2
Deletes a provision that states that, upon a determination that a patient lacks decisional capacity and a health care surrogate is identified, a health care facility shall provide written information, which may be provided electronically, to the surrogate the name of the health care facility where the patient was incapacitated, as defined in the Illinois Power of Attorney Act.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/04/2026 | Senate | Filed with Secretary by Sen. Robert F. Martwick |
| 2/04/2026 | Senate | First Reading |
| 2/04/2026 | Senate | Referred to Assignments |
| 2/17/2026 | Senate | Assigned to Judiciary |
| 2/25/2026 | Senate | Postponed - Judiciary |
| 2/26/2026 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Robert F. Martwick |
| 2/26/2026 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 3/03/2026 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Judiciary |
| 3/04/2026 | Senate | Senate Committee Amendment No. 1 Adopted |
| 3/05/2026 | Senate | Do Pass as Amended Judiciary; 009-000-000 |
| 3/05/2026 | Senate | Placed on Calendar Order of 2nd Reading March 10, 2026 |
| 3/11/2026 | Senate | Second Reading |
| 3/11/2026 | Senate | Placed on Calendar Order of 3rd Reading March 12, 2026 |
| 4/09/2026 | Senate | Senate Floor Amendment No. 2 Filed with Secretary by Sen. Robert F. Martwick |
| 4/09/2026 | Senate | Senate Floor Amendment No. 2 Referred to Assignments |
| 4/14/2026 | Senate | Senate Floor Amendment No. 2 Assignments Refers to Judiciary |
| 4/15/2026 | Senate | Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000 |
| 4/16/2026 | Senate | Recalled to Second Reading |
| 4/16/2026 | Senate | Senate Floor Amendment No. 2 Adopted; Martwick |
| 4/16/2026 | Senate | Placed on Calendar Order of 3rd Reading |
| 4/16/2026 | Senate | Third Reading - Passed; 055-000-000 |
| 4/17/2026 | House | Arrived in House |
| 4/17/2026 | House | Chief House Sponsor Rep. Jennifer Gong-Gershowitz |
| 4/17/2026 | House | First Reading |
| 4/17/2026 | House | Referred to Rules Committee |
| 4/27/2026 | House | Assigned to Judiciary - Civil Committee |
| 5/06/2026 | House | Do Pass / Short Debate Judiciary - Civil Committee; 018-000-000 |
| 5/06/2026 | House | Placed on Calendar 2nd Reading - Short Debate |
| 5/19/2026 | House | Second Reading - Short Debate |
| 5/19/2026 | House | Held on Calendar Order of Second Reading - Short Debate |
| 5/22/2026 | House | Third Reading/Final Action Deadline Extended-9(b) May 31, 2026 |
| 5/28/2026 | House | Alternate Chief Sponsor Changed to Rep. Jay Hoffman |
| 5/28/2026 | House | House Floor Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman |
| 5/28/2026 | House | House Floor Amendment No. 1 Referred to Rules Committee |
| 5/29/2026 | House | House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee |
| 5/29/2026 | House | House Floor Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman |
| 5/29/2026 | House | House Floor Amendment No. 2 Referred to Rules Committee |
| 5/29/2026 | Senate | Chief Sponsor Changed to Sen. Michael W. Halpin |
| 5/29/2026 | House | House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 019-000-000 |
| 5/29/2026 | House | House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee |
| 5/30/2026 | House | House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 020-000-000 |
| 5/31/2026 | House | House Floor Amendment No. 1 Adopted |
| 5/31/2026 | House | House Floor Amendment No. 2 Adopted |
| 5/31/2026 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 5/31/2026 | House | Third Reading - Short Debate - Passed 116-000-000 |
| 5/31/2026 | Senate | Secretary's Desk - Concurrence House Amendment(s) 1, 2 |
| 5/31/2026 | Senate | Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2026 |
| 5/31/2026 | Senate | House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Michael W. Halpin |
| 5/31/2026 | Senate | House Floor Amendment No. 1 Motion to Concur Referred to Assignments |
| 5/31/2026 | Senate | House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Michael W. Halpin |
| 5/31/2026 | Senate | House Floor Amendment No. 2 Motion to Concur Referred to Assignments |
| 5/31/2026 | Senate | House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive |
| 5/31/2026 | Senate | House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive |
| 5/31/2026 | Senate | House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 012-000-000 |
| 5/31/2026 | Senate | House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 012-000-000 |
| 5/31/2026 | Senate | House Floor Amendment No. 1 Senate Concurs 056-000-000 |
| 5/31/2026 | Senate | House Floor Amendment No. 2 Senate Concurs 056-000-000 |
| 5/31/2026 | Senate | Senate Concurs |
| 5/31/2026 | Senate | Passed Both Houses |